May Aliens Be Deported Based on Their Speech?
Thursday’s Fact Sheet related to Wednesday’s Executive Order, Additional Measures to Combat Anti-Semitism, says (among other things):
- Immediate action will be taken by the Department of Justice to protect law and order, quell pro-Hamas vandalism and intimidation, and investigate and punish anti-Jewish racism in leftist, anti-American colleges and universities.
- The Order demands the removal of resident aliens who violate our laws.
Now, President Trump has promised that the Federal Government will: …
- Deport Hamas Sympathizers and Revoke Student Visas: “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you. I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before.”
This suggests that aliens who commit crimes may be specially targeted for deportation because their behavior is “pro-Hamas” or “anti-Jewish.” And it also suggests that aliens might be deported even if they don’t commit crimes, but are merely “Hamas sympathizers” “who joined in the pro-jihadist protests.”
Indeed, the order itself refers to 8 U.S.C. § 1182(a)(3), which provides (in subsections (B)(i)(VII) and B(iii)) that:
Any alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization … is inadmissible….
“[T]errorist activity” means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
- The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
- The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
- A violent attack upon an internationally protected person [a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him or someone protected as a diplomat] or upon the liberty of such a person.
- An assassination.
- The use of any – (a) biological agent, chemical agent, or nuclear weapon or device, or (b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
- A threat, attempt, or conspiracy to do any of the f
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